Daily Rules, Proposed Rules, and Notices of the Federal Government
On January 19, 2001 (66 FR 6218), the Department published a final rule in the
In defining the term “qualified family” in the January 19, 2001 final rule (66 FR 6218), § 5.617 (b) refers to a “disabled family”—defined in 24 CFR 5.403 as a family whose head, spouse or sole member is a person with disabilities. The definition of “qualified family” as it appears in § 5.617 of the January 19, 2001 final rule is in error. The definition of a qualified family was intended to mirror the provisions of § 960.255 for the public housing program and provide that a qualified family includes any family residing in housing assisted under one of the included programs whose annual income increases as a result of employment of a family member who is a person with disabilities eligible for the disallowance. To clarify that a qualified family is not limited to a family in which the head of household or spouse is disabled, the word “disabled” has been removed from the definition of “qualified family” as it now appears in § 5.617. With this revision, the definition of “qualified family” will now read: “A family residing in housing * * *.”
This document makes a further correction to clarify that the January 19, 2001 final rule intended to cover only families who are already tenants receiving assistance under one of the HUD programs identified in the rule, and not to applicants for such assistance. The final rule, at § 982.201(b) (3), refers to the annual income of an applicant family rather than of a participant family.
The Department did not intend, in promulgating the January 19, 2001 final rule, to extend the benefits of the rule to applicants. The limitation is consistent with the provision in § 960. 255 (c), which states that “The disallowance of increases in income as a result of employment under this section does not apply for purposes of admission to the program * * *.” Section 5.617 (d), in identical language, also makes the disallowance inapplicable to applicants.
Accordingly, this document removes the reference in § 982.201(b)(3) to an “applicant family,” substituting therefor the term “participant family.” As corrected,§ 982.201(b)(3) now reads:
The annual income (gross income) of a participant family is used both for determination of income eligibility under paragraph (b)(1) of this section and for targeting under paragraph (b)(2)(i) of this section. In determining annual income of a participant family which includes persons with disabilities, the determination must include the disallowance of increase in annual income as provided in 24 CFR 5.617, if applicable.
Administrative practice and procedure, Aged, Claims, Grant programs—housing and community development, Individuals with disabilities, Loan programs—housing and community development, Low and moderate income housing, Mortgage insurance, Penalties, Pets, Public housing, Rent subsidies, Reporting and recordkeeping requirements, Social Security, Unemployment, Wages.
Grant programs—housing and community development, Grant program'Indians, Public Housing, Rent subsidies, Reporting and recordkeeping requirements.
42 U. S. C. 3535 (d).
(b) * * *
42 U. S. C. 1437f and 42 U. S. C. 3535(d).
(b) * * *
(3) The annual income (gross income) of a participant family is used both for determination of income-eligibility under paragraph (b)(1) of this section